Borne Terms of Service

Last updated November 5, 2026 (previous version: March 2025)

This Terms of Service (the “Terms”) is a binding agreement between you (“End User” or “you”) and Mereo Technologies Inc. dba Borne (“Borne”). These Terms govern your use of Borne’s website available at borne.ai (the “Site”), the Borne mobile application (“App”), and the immersive foreign language learning experience provided through the App (together, the “Services”). The Services are licensed, not sold, to you.

BY CLICKING THE BOX TO INDICATE ACCEPTANCE, BY USING THE SITE, THE APP, OR OTHERWISE USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE AT LEAST 13 YEARS OLD AND, IF YOU ARE UNDER THE AGE OF LEGAL MAJORITY WHERE YOU LIVE, THAT YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS AND THE BORNE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE AND CEASE USE OF THE SERVICES.

1. License Grant

Subject to these Terms of Service, Borne grants you a limited, non-exclusive, nontransferable, non-sublicensable license to use the Services for your personal, non-commercial use on devices owned or otherwise controlled by you (“Device(s)”) and to use the Services strictly in accordance with these Terms. Although the Site may provide some Services or some information related to our Services, staff, goals, achievements, or otherwise, you acknowledge that in order to use portions of or all of the Services, you must utilize them via the Borne App on a mobile or similarly compatible Device.

2. Open-Source Components and AI Services

You acknowledge and accept that as part of the Services, Borne may incorporate software components that are subject to an open-source license agreement, including any software available under certain open-source operating systems or software licenses, or any other license that is approved by the Open Source Initiative (collectively, the “Open-Source Components”). Open-Source Components are considered Third-Party Materials (defined herein) under these Terms. The Services include Open-Source Components including but not limited to those licensed under Flutter (each, an “Open-Source License”), as well as third-party application programming interfaces, including but not limited to OpenAI’s speech-to-text, text-to-speech and language model APIs, Anthropic’s Claude language model API, and ElevenLabs’ text-to-speech API, each used subject to the provider’s business terms (each, an “API License”). Any use of the Open-Source Components, API, or any other Third-Party Materials by you is governed by, and subject to, the terms and conditions of the applicable third-party license, Open-Source License(s), or API License.

It is required we disclose to you that the voices you hear in the Services are AI-generated and are not human voices, and that your tutors (for example, “Sofía from Madrid”) are AI characters created by Borne, not real people.

3. Services

The Services are offered on a subscription model basis, providing End Users the opportunity to converse with artificial intelligence (AI) powered by Borne, in conjunction with Open-Source Components and AI services, in a language of the End User’s choice that is available on the App for the purpose of practicing speaking in that language. Languages currently available include English, Spanish, French, German, Italian, Portuguese, Dutch and Swedish, and we may add others.

Borne provides access to AI-powered language learning tools, including spoken lessons with an AI tutor, daily story episodes, news articles adapted to your level, practice scenes and open conversation, lesson recaps and corrections, vocabulary practice, progress tracking and reminders, and related educational services. Any recording, sharing, or other display of the Service or its outputs is subject to the license terms contained in this agreement and must comply with applicable law and these Terms.

Some features and functionality may be limited depending on your access (for example, the free first lesson, a free trial, the Monthly Plan, the Annual Plan, or promotional offers). We may update, enhance, or remove parts of the Services at any time as we improve the platform. If a change materially impacts your use of the Services, we will provide notice via the App or to the email we have on file.

To ensure quality and a fair experience for all users, Borne reserves the right to implement fair use limits and/or AI moderation systems, including a monthly allowance of speaking time included with each plan. This includes detecting and managing excessive or unintended use that may indicate abuse or misuse of the Services, including repeated use of free lessons or trials.

AI-Generated Content

Tutor replies, corrections, translations, story episodes, news articles and other outputs of the Services are generated by AI (“AI Content”). AI Content may sometimes be inaccurate, incomplete or unsuitable, including corrections and translations. News articles in the Services are AI-written summaries adapted for language learning from publicly available sources and may simplify or omit details; they are not a substitute for the original reporting. AI Content is provided for language practice only and is not professional, medical, legal, financial or other advice. You should not rely on AI Content for any decision.

4. Modification to these Terms and the Services

Borne may, at its sole discretion, change these Terms, including the Borne Privacy Policy, from time to time. If any material changes occur, we will notify you by email to the email affiliated with your Account or through a notice in the App. Updated versions will never apply retroactively and will give the date they go into effect. We recommend that you check the Terms and Privacy Policy periodically for changes. Your continued use of the Services following the posting of any changes to the Terms means you accept those new terms. We will not retroactively change the pricing or terms for users on grandfathered legacy plans, though these legacy plans are no longer available for new sign-ups. Borne reserves the right to modify, suspend, or discontinue the Services, whether temporarily or permanently at any time for any reason. Solely for purposes of example, Services may be modified, suspended or discontinued if an Open-Source License or API License changes the way in which Borne may offer the Services, if any other Third-Party Materials are no longer available (or otherwise would be commercially impracticable to obtain) to Borne, if Borne wishes to offer different features or products on the Services, or otherwise. You agree that Borne shall not be liable to you for any modification, suspension, or discontinuation of the Services. Some modifications may require updates to the Site or App in order to continue to use the Services. Borne may also impose limits on certain features and services, restrict your access to parts or all of the Services, and suspend or terminate users without notice or liability.

5. Communications

You consent to accept and receive communications from us, including e-mail. You may opt-out of receiving marketing communications by following the unsubscribe options we provide to you but some transactional messages are deemed to be part of the Services.

If you allow notifications on your Device, the App will send you lesson reminders and other notifications related to your account and the Services. You can turn notifications off at any time in the App or in your Device settings. Turning them off may affect the timeliness of information you receive. Borne does not send text (SMS) messages.

6. Borne Account

You may access the Site without registering for an account, but as a condition of using the Services, you are required to create a Borne account (an “Account”), which you can do with Sign in with Apple, Google Sign-In or an email address. You are solely responsible for maintaining the confidentiality of your Account credentials and for restricting access to your Devices and you hereby agree to accept responsibility for all activities, charges, and damages that occur under your Account. If you discover any unauthorized use of your Account, or other known account-related security breach, you must report it to Borne immediately. You agree that you are responsible for anything that happens through your Account until you close your Account or prove that your Account security was compromised due to no fault of your own. Borne cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You can delete your Account at any time in the App (Profile, then Settings, then Delete account).

7. Fees and Payment

While we may offer portions of the Services for free, we do charge for certain features of the Services, including, without limitation, for access to subscription Services through the App. When paid by you, these payments are final and non-refundable, except as stated in these Terms or as required by law. Borne, in its sole discretion, may offer credits or refunds on a case-by-case basis including, by way of example, in the event of an error with your order or in the amounts you were charged. Borne uses third-party payment processors such as Apple and Google to process payments, and you will be charged through the payment method linked to your Apple or Google account. By using the Services, you authorize such third-parties, and any other party which Borne utilizes to process payments, to process your payments due hereunder. For purchases made through Apple or Google, refunds are handled by Apple or Google under their policies, and Borne cannot issue those refunds directly; for example, you can request a refund from Apple at reportaproblem.apple.com.

Your first lesson is free. Borne offers two Premium subscription plans: a Monthly Plan and an Annual Plan. These are billed automatically at the end of each period unless canceled before the renewal date. Pricing varies by country and is displayed in your local currency in the App before you purchase.

• Monthly Plan: Renews automatically each month until canceled.
• Annual Plan: Renews automatically each year unless canceled in advance.

Most subscriptions begin with a 3-day free trial, after which you will be charged unless you cancel at least 24 hours before the trial ends. We may send you a reminder before your trial ends to the email address we have on file. Free lessons and free trials are limited to one per user, device, or account. Borne reserves the right to revoke access to free lessons and trials in cases of abuse or fraud. If you purchase a special offer for the Annual Plan, your subscription will begin immediately without a free trial and will renew one year later at the regular Annual Plan price unless canceled beforehand.

You must cancel your subscription at least 24 hours before the end of the current billing period to avoid being charged for the next cycle. Cancellations are managed through your account settings in the App Store or the Google Play Store, depending on your original method of purchase. Deleting the App or your Account does not cancel your subscription. Canceling your subscription will stop the next billing cycle, but you will retain access to Premium features for the remainder of your current period. Borne does not offer partial refunds for unused time, except as stated in Section 15.

Borne does not charge overage fees on an hourly basis. However, we may apply fair use limits or AI moderation to prevent abuse of the Services and ensure quality access for all users. If we detect usage that violates our intended service design, we may pause access, limit features or reach out to clarify usage patterns.

We reserve the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all services or goods obtained through the use of the Services at any time. If we raise the price of your existing subscription, Apple or Google will notify you and, where required, ask for your consent before the new price applies. All amounts due for subscription Services or any other features of our Services are due at the point of purchase and on a monthly or annual basis thereafter, according to the plan you choose (collectively, the “Fees”).

From time to time, Borne may offer promotional, discounted, or grandfathered legacy pricing plans. Users who subscribed to a grandfathered legacy plan may continue to access that plan at its original price and terms, provided the subscription remains active and uninterrupted. If the subscription is canceled or lapses due to non-payment or other reasons, users may not be able to re-enroll in the same plan, and current pricing will apply. Borne reserves the right to modify or discontinue grandfathered legacy plans with reasonable advance notice.

End User shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by End User hereunder, to the extent not collected by Apple or Google. Notwithstanding the previous sentence, in no event shall End User be responsible for any taxes imposed on, or regarding, Borne’s income, revenues, gross receipts, personnel, or real or personal property or other assets.

In addition to all other remedies available under these Terms or at law, Borne shall be entitled to suspend the provision of any Services immediately and without notice if you fail to pay any Fees or other amounts when due hereunder.

8. License Restrictions

You shall not:

(a) use the Services in any way to monitor or evaluate the availability, performance or functionality of the Services for any competitive purpose, or perform or assist any other party to perform any benchmarking on the Services;

(b) use the Services for any illegal purpose, or in violation of any local, state, national, or international law;

(c) copy any portion of the Services, except as expressly permitted by this license;

(d) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services;

(e) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof, or attempt to extract the instructions, prompts or models used by the Services;

(f) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof;

(g) rent, lease, lend, sell, sublicense or otherwise make available the Services, or any features or functionality of the Services, to any third party for any commercial reason, including by making the Site available on a network where it is capable of being accessed by more than one device at any time;

(h) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services;

(i) directly or indirectly take any action that imposes or may impose (as determined by Borne in its sole discretion) an unreasonable or disproportionately large load on Borne or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; run Mail list, Listserv, or any form of auto-responder or “spam” on the Services; or use manual or automated software, devices, or other processes to scrape any page of the Services;

(j) create a false identity on the Services, misrepresent your identity, impersonate any person, create a profile for anyone other than you, or use or attempt to use another account; or

(k) use the Services to create, request or share content that is unlawful, harassing, hateful, sexually explicit, or that exploits or endangers minors, or attempt to make the AI produce such content.

If for any reason, Borne determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services by you. If we have reason to suspect, or learn that anyone is violating these Terms of Service, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.

9. Reservation of Rights

You acknowledge and agree that the Services, including the use of the App and Site, is provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Site and Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Borne, and its licensors and service providers, reserve and shall retain their entire right, title, and interest in and to the Services and Site, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms of Service.

10. Content and User Content

Through the Services, Borne may make accessible content, including, but not limited to, AI Content, story episodes, news articles, images, graphics, audio, data, text, software, scripts, other material, and associated trademarks and copyrightable works (collectively, “Content”). You have no rights in or to the Content other than as permitted herein to use or access the Services.

What you say and type in the Services, including your voice recordings and their transcripts (“User Content”), remains yours. You grant Borne and its service providers a worldwide, non-exclusive, royalty-free license to host, store, process, transcribe, analyze and use your User Content to provide, personalize, maintain and improve the Services, as described in the Privacy Policy. You are responsible for your User Content and represent that you have the right to share it.

11. Collection and Use of Your Information

You acknowledge that when you use the App, the Site, or otherwise use the Services, Borne uses automatic means to collect information about your Device and about your use of the Services. You also may be required to provide certain information about yourself as a condition to use the Services or certain features or functionalities. All information we collect through or in connection with these Terms of Service is subject to the Borne Privacy Policy. By using the App, the Site, or otherwise using the Services, you consent to all actions taken by us with respect to your information in compliance with the Borne Privacy Policy.

12. Geographic Restrictions

The Content and Services are based in the United States but may be provided to persons located outside of the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States or other regions in which Borne offers its Services, and that access thereto may not be legal by certain persons or in certain countries. The Services are not offered in mainland China or in countries subject to U.S. sanctions. If you access the Services from outside the United States, you are responsible for compliance with local laws.

13. Updates

Borne may from time to time in its sole discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features for the Site or App (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Borne has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You agree that all Updates will be deemed part of the Site, the App, or the Services (as applicable) and be subject to all terms and conditions of these Terms of Service.

14. Third-Party Materials

The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including news sources (“Third-Party Materials”). You acknowledge and agree that Borne is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Borne does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

BORNE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY MATERIALS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

15. Term and Termination

The term of these Terms commences when you acknowledge your acceptance and will continue in effect until terminated by you or Borne as set forth in this section (the “Term”). You may cancel your Account at any time by deleting it in the App or by emailing the support email provided below. We may suspend or cancel your Account without notice to you for any reason or no reason at all, including but not limited to if you violate these Terms, you create risk or possible legal exposure for us, your Account should be removed due to unlawful conduct, or our provision of the Services to you is no longer commercially viable. If you or Borne terminate these Terms for any reason or otherwise for convenience, and you pay all Fees on a monthly basis, all Fees paid or due for such month are final and non-refundable, and Borne agrees it shall not charge you for the following months’ Fees provided you otherwise comply with the terms of this Agreement. If Borne terminates these Terms for convenience, and you pay Fees on an annual basis, Borne will provide, or will request that Apple or Google provide, a pro rata refund of any pre-paid Fees that would become due after the termination date. Notwithstanding the foregoing, if for any reason Borne terminates these Terms for cause (your violation of these Terms), you shall not be entitled to any refund of Fees, regardless of when during the Term these Terms are terminated. Upon termination of these Terms, all licenses granted hereunder shall immediately terminate, you shall immediately cease all use of the Services, including any access to your Account. The terms that by their nature should survive termination of these Terms shall survive the termination of these Terms.

16. Disclaimer of Warranties

THE SERVICES, INCLUDING BUT NOT LIMITED TO ALL AI CONTENT AND THIRD-PARTY MATERIALS, ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BORNE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, BORNE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES OR ANY AI CONTENT WILL BE ACCURATE, MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

17. Limitation of Liability

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, IN NO EVENT SHALL BORNE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR SERVICE PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY AI CONTENT OR THIRD-PARTY MATERIALS, (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF THE LIMIT BELOW. IN NO EVENT SHALL BORNE, ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR SERVICE PROVIDERS, BE LIABLE IN EXCESS OF THE TOTAL AMOUNT PAID OR PAYABLE BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, BORNE’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

18. Indemnification

You agree to indemnify, defend, and hold harmless Borne and its licensors, service providers, partners, suppliers, and its and their officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to any acts or omissions by you related to these Terms, including but not limited to your use or misuse of the Services, your User Content or your breach of these Terms.

19. US Government Rights

The Services are a “commercial product” as that term is defined at 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. § 12.212. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Services as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.

20. Governing Law; Dispute Resolution

These Terms of Service are governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule. Any dispute arising out of, or related to these Terms or the breach thereof (“Dispute”), shall first be attempted to be settled by direct discussions between the parties. If the Dispute is not resolved within thirty (30) days from the date that either party first notifies the other party of the Dispute in writing, then the Dispute shall be fully and finally settled by binding arbitration before the American Arbitration Association (“AAA”) in accordance with its rules then in force, including its Consumer Arbitration Rules where they apply (“Arbitration”). All Disputes shall be heard by a single arbitrator, unless the amount of the claim(s) or counterclaim(s) exceeds five million dollars ($5,000,000.00) in the aggregate, in which case the Dispute shall be heard by a panel of three arbitrators.

The place of Arbitration shall be Alamance County, North Carolina. The arbitrator(s) will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator(s) shall award to the prevailing party, if any, as determined by the arbitrators, all of their costs and fees. ‘Costs and fees’ mean all reasonable pre-award expenses of the Arbitration, including the arbitrators’ fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees. Each party shall, upon the written request of the other party, provide the other with copies of documents relevant to the issues raised in the Arbitration. Other discovery may be ordered by the arbitrator(s) to the extent the arbitrator(s) deem additional discovery appropriate, and any dispute regarding discovery, including disputes as to the need therefor or the relevance or scope thereof, shall be determined by the arbitrator(s), which determination shall be conclusive. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of the Arbitration without the prior written consent of both parties. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Nothing in this section limits any rights you have under mandatory consumer protection laws of the country where you live.

21. Assignment

You shall not assign, transfer, delegate or subcontract any of your rights or delegate any of your obligations under these Terms without the prior written consent of Borne. Any purported assignment or delegation in violation of this Section 21 shall be null and void. These Terms are binding on and inure to the benefit of the parties to these Terms and their respective permitted successors and permitted assigns.

22. Entire Agreement

These Terms of Service, our Privacy Policy, and any statements or rules on the Services on your date of access constitute the entire agreement between you and Borne with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.

23. No Third-Party Beneficiaries

Except as stated in Section 30, these Terms of Service benefit solely the parties hereto and their respective permitted successors and assigns and nothing in these Terms, express or implied, confers on any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.

24. Notices

All notices, requests, consents, claims, demands, waivers and other communications under these Terms (each, a “Notice”, and with the correlative meaning “Notify”) must be in writing and addressed to the other party at, in the case of Borne, the email provided in Section 29 of these Terms, and in the case of End User, the email associated with your Account. Unless otherwise agreed herein, all Notices must be delivered via email. Except as otherwise provided in these Terms, a Notice is effective only (a) on receipt by the receiving party; and (b) if the party giving the Notice has complied with the requirements of this Section 24.

25. Relationship of the Parties

The relationship between the parties hereto is that of independent contractors. Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

26. Severability

If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.

27. Waiver of Class Action

The parties further agree that any Arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis.

EACH PARTY AGREES THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

28. Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms of Service and any applicable purchase or other agreement, these Terms shall govern, except as stated in Section 30.

29. Contact

If you have any questions regarding these Terms of Service, please contact us at support@borne.ai.

30. Additional Terms for Apps Downloaded from the Apple App Store

If you downloaded the App from the Apple App Store, the following terms also apply and govern in case of conflict with the rest of these Terms:

(a) These Terms are between you and Borne only, not with Apple Inc. (“Apple”). Borne, not Apple, is solely responsible for the App and its content.

(b) Your license to use the App is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing where available.

(c) Apple has no obligation to furnish any maintenance or support services for the App. Please contact Borne at support@borne.ai for support.

(d) In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any, to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are Borne’s responsibility, to the extent not disclaimed in these Terms.

(e) Borne, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession and use of it, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.

(f) In the event of any third-party claim that the App or your possession and use of it infringes that third party’s intellectual property rights, Borne, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim.

(g) You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

(h) You must comply with applicable third-party terms of agreement when using the App.

(i) Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.